WorksheetsCBA LABREL Q4
Total questions: 30
Worksheet time: 15mins
The Labor Arbiter has jurisdiction over these labor cases except:
ULP
Claims of a kasambahay from his/her employer
Termination disputes
Claims for damages arising from the employer-employee relations
Which of the following is not true about the NLRC?
An individual commissioner of the NLRC has the power to adjudicate on labor cases.
The NLRC has 8 divisions exercising adjudicatory powers on labor cases.
The NLRC has the exclusive appellate jurisdiction over all cases decided by Labor Arbiters
None
In Calalang vs Williams, how was the concept of Social Justice described?
Social Justice is akin to communism and socialism.
Social justice is the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated.
Social Justice favors laborers only, because those who have less in life should have more in law.
Social Justice is pro-capital, because employees owe their jobs to employers.
Which of the following can be appealed to the NLRC?
Cases decided by a Voluntary Arbitrator
Cases decided by the Secretary of Labor
Cases decided by Labor Arbiters.
Cases decided by the Bureau of Labor Relations Director on cases appealed from the DOLE regional offices.
In which instances may a non-lawyer be allowed to appear before the NLRC or the Labor Arbiter?
The non-lawyer represents a member or members of a legitimate labor organization that is existing within the employer’s establishment, who are parties to the case.
The non-lawyer represents himself as a party to the case.
The non-lawyer represents a legitimate labor organization, which is a party to the case..
All of the above instances.
When a case is brought before the Labor Arbiter for adjudication, what should the Labor Arbiter do?
Ascertain the facts in each case speedily and objectively
Hold a mandatory conciliation and mediation conference to settle the case amicably
Disregard the technicalities of law or procedure
All of the above.
Which of the following is true about appeals from decisions rendered by the Labor Arbiter?
In case the decision of the Labor Arbiter involves a monetary award, an appeal by the employer may be perfected only upon the posting of a bond.
The Labor Arbiter retains its jurisdiction over the case, once an appeal is filed.
The decision of the Labor Arbiter must be appealed to the NLRC within fifteen (15) calendar days from receipt of such decision.
The appeal shall be filed with the DOLE.
In cases decided by the Secretary of Labor, how may such cases be appealed?
Appeal can be made only to the Office of the President.
Appeal can be made on an optional basis to the Office of the President, and the aggrieved party may seek relief from the Court of Appeals.
Appeal can be made to the Supreme Court directly, bypassing the Court of Appeals.
No appeal can be made.
Which of the following is true about a Compromise Agreement?
A compromise agreement, once approved by the court, puts and end to a litigation and is immediately executory.
Before a lawyer can compromise the litigation of his client, a special authority is needed.
A compromise agreement must be reduced in writing and free from vitiated consent or forgery.
All of the above.
Which of the following is true about the Bureau of Labor Relations (BLR)?
The BLR handles all labor-management disputes.
The BLR is under the judicial branch of government.
The functions and jurisdiction of the BLR are largely confined to union matters (inter-union and intra-union disputes), collective bargaining registry and labor education.
The BLR has no authority to settle disputes between and among union members.
Which of the following is true about labor organizations and unions?
Once a certificate of registration is issued, a labor union acquires legal personality.
A labor organization is illegal of it is not registered with the Bureau of Labor Relations.
If a labor organization wants to be registered, it has to go to the NLRC.
All labor organizations and workers associations are unions.
Which of the following statements is true about the Exclusive Bargaining Representative (EBR)?
In order to be the EBR, a labor union has to be duly registered and go through the process of certification by DOLE or through the election among the employees whom the union will represent.
Without successfully passing through the recognition or selection process to become the EBR, the union will no longer be considered a Legitimate Labor Organization (LLO).
All Legitimate Labor Organizations (LLO) are EBR.
The EBR refers to a legitimate labor union duly recognized or certified as the representative of some of the employees in a bargaining unit that will negotiate a collective contract with the employer.
This kind of labor organization has at least 10 locals/chapters or affiliates, each of which must be a duly certified or recognized collective bargaining agent.
Trade Union Center
Industry Union
National Union/Federation
Independent Union
What is the meaning of the “tripartite representation” in the NLRC’s composition?
It means that the commissioners of the NLRC have similar rank as Justices of the Court of Appeals.
It means that the NLRC Chairman and the other 23 members of the NLRC shall be chosen from the workers, employers and the public sectors.
It means that the NLRC is a quasi-judicial body.
It means that the NLRC acts collegially, whether it performs administrative or rule-making functions or exercising appellate jurisdiction to review the decisions and final orders of the Labor Arbiters.
The aggrieved parties may file a complaint for ULP based on gross violation of CBA—as long as they are able to show prima facie the concurrence of two things, namely:
[1] gross violation of the CBA; and _____?
The violation pertains to the provisions of the CBA.
The violation pertains to the economic provisions of the CBA.
The violation pertains to the economic provisions of the ULP
The violation pertains to the provisions of the ULP.
The ___________which means that while a valid and registered CBA is subsisting, the Bureau is not allowed to hold an election contesting the majority status of the incumbent Union.
ULP
contract bar rule
deadlock
union busting
The act of causing or attempting to cause an employer to pay or deliver any money or other things of value for services which were not performed or not to be performed
Sweet Heart Doctrine
Yellow Dog
Featherbedding
Closed Shop
“__________” includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
Labor Conflict
Labor Dispute
Grievance
Conflict
This is based on the expressed will or desire of the employees.
Globe Doctrine
Universe Doctrine
World Doctrine
Earth Doctrine
DOLE Secretary to exercise its visitorial and enforcement power for claims beyond PhP ________.
5k
5H
5M
5PHP
A ___________________ is any labor organization which is duly registered with DOLE
Legitimate Labor Organization
Union
Labor Organization
Tropa
Employer submits its proposals and adopts a “take it or leave it” stand. This is not negotiation because the “take it or leave it” stand implies threat.
Featherbedding
Yellow Dog
Blue Sky
Boulwarism
It is the last 60 days of the 5th and last year of the CBA wherein a petition questioning the majority status of an incumbent bargaining agent and the holding of a certification election may be allowed.
Time Freeze
Hold Over
Freedom Period
Cooling Off Period
IThe process, ordered and supervised by the DOLE, of determining, through secret ballot, whether or not a majority of the employees wish to be represented by a labor organization and, in affirmative case, by which particular labor organization.
Certification Election
Election
Run Off
Snap Election
"___________" refers to an election between the labor unions receiving the two (2) higher number of voters when a certification election which provides for three (3) or more choices results in no choice receiving a majority of the valid votes cast, where the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast.
Certification Election
Election
Run Off
Snap Election
Who is responsible for determining and fixing minimum wage rates applicable to the different regions and provinces or industries?
Secretary of Labor and Employment
Regional Tripartite Wage and Productivity Boards
President of the Philippines
National Wages and Productivity Commission
The kind of union security, in which organizations can hire current union members is classified as
Union Shop
Closed Shop
Preferential Shop
Penshoppe
One who employ the services of others; any person acting in the interest of the employe
Employer
Employee
Agency
DOLE
Those who, in the interest of the employer, effectively recommend managerial actions and the exercise of such authority is not merely routinary or clerical.
Supervisor
Manager
Rank And File
Job Order
Decisions, awards, and orders of Labor Arbiters, unless appealed to the NLRC by any or both parties, within _______ calendar days, from receipt of such decisions, awards, or orders.
10
15
5
20
